Succession Act 1965 section 94

Devise of real estate without words of limitation to pass whole estate

Section 94 deals with what happens when a will leaves real estate (land or buildings) to someone without specifying the exact extent of the interest being transferred.

• When real estate is left to someone in a will without specific words limiting the extent of the interest, the recipient is deemed to receive the full interest the testator had power to leave.
• This rule applies equally whether the recipient is an individual, a trustee, or an executor.
• The effect is that a simple gift of property in a will — without technical legal language defining the scope of the interest — passes everything the testator could have disposed of.
• This default rule can be overridden if the will itself shows a clear intention to pass something less than the full interest.